The relaxation of the upper age limit for government jobs is at the discretion of the State/Government and cannot be claimed as a matter of right by candidates of the EWS category.

JUDGMENT

Meenakshi I. Mehta, J. - By way of the instant petition, the petitioner has sought the indulgence of this Court for the issuance of a writ in the nature of certiorari quashing Advertisement No.3 of 2021 (Annexure P-4) to the extent of its not providing the age relaxation to the aspirants, belonging to the Economically Weaker Sections (here-in-after referred to as 'the EWS'), for the posts, except the post of the Deputy Superintendent of Police ( for short 'the DSP'), advertised thereby as well as the notification dated 03.02.2021 (Annexure P-9) so far as it does not provide the age relaxation to the candidates of the said category for the other posts while granting this benefit to them for the posts of the Police and Prisons Personnel and he has further prayed for the issuance of a writ in the nature of mandamus directing the respondents to grant relaxation of 5 years in the maximum age to the candidates belonging to the EWS category for the other posts as well and also directing respondent No.3-the Haryana Public Service Commission (here-in-after referred to as 'the HPSC') to accept his application-form for the posts advertised vide Annexure P-4 and to treat him as eligible for the same and to allow him to participate in the recruitment process.

2. Shorn and short of unnecessary details, the averments as canvassed by the petitioner in this petition, are that he belongs to the EWS category as reflected in the Certificate dated 13.08.2020 (Annexure P-1). Vide notification dated 25.02.2019 (Annexure P-2), the Government of Haryana provided for the reservation for the persons of the EWS category in the direct recruitment to civil posts and services which was, subsequently, modified vide the notification dated 27.01.2020 (Annexure P-3). On 26.02.2021, the HPSC issued Advertisement No.3 of 2021 (Annexure P-4) for filling-up the posts of Haryana Civil Service (Executive Branch) [here-in-after referred to as 'the HCS (EB)'] and Allied Services. Out of the total 48 posts advertised for the HCS (EB), 4 posts have been kept reserved for the persons belonging to the EWS category of Haryana. The last date for submission of the online applications is 02.04.2021.

3. The petitioner has, further, averred that as per the age limit prescribed in the said Advertisement (Annexure P-4), the candidates (except for the post of the DSP) should not be less than 18 years and not more than 42 years on or before Ist January, 2021. However, the relaxation of 5 years in the maximum age limit has been provided to the candidates belonging to Scheduled Castes/Scheduled Tribes, Backward Classes, wives of military personnel who are disabled while in the military service, widowed or legally divorced woman provided she has not re-married, judicially separated women residing separately for more than two years, unmarried women, Ex-Servicemen, disabled persons covered under the Rights of Persons with Disabilities Act, 2016 and to the persons, who have already worked or are working in any Department, Board or Corporation of Haryana Government and also in the High Court etc. but no such benefit has been extended to the candidates of the EWS category for the posts advertised thereby except for the post of DSP whereas this benefit had been extended to the candidates of the said category while advertising the posts of Police Personnel vide Annexure P-6. On the prescribed date, i.e 01.01.2021, his age was 42 years, 10 months and 30 days and thus, he is overage by 11 months approximately. Earlier, the Economically Backward Persons in General Category (EBPGC) were given the benefit of reservation but the same was withdrawn after the said benefit had been granted to the persons belonging to Economically Weaker Sections and now, vide the notification Annexure P-9, the age relaxation has been provided to the candidates of the EWS category for the posts of Police and Prison Departments only which shows that the said benefit has, inadvertently, not been extended to the can